PEOPLE OF MI V MICHAEL PATRICK PETERS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
October 10, 1997
Plaintiff-Appellee,
v
No. 196168
Oakland Circuit Court
LC No. 95-136872 FH
MICHAEL PATRICK PETERS,
Defendant-Appellant.
Before: Doctoroff, P.J., and Cavanagh and Saad, J.J.
MEMORANDUM.
Following defendant’s convictions by jury of third-degree criminal sexual conduct, MCL
750.520d(1)(b); MSA 28.788(4)(1)(b), and aggravated assault, MCL 750.81a; MSA 28.276(1), he
was sentenced to terms of imprisonment of four to fifteen years and one year, respectively. Defendant
appeals as of right. We affirm.
The trial court did not deny defendant a reasonable opportunity to test the credibility of the
sexual assault victim and, therefore, did not impermissibly infringe upon defendant’s right of
confrontation where defendant failed to make an offer of proof demonstrating that the intended line of
cross-examination would produce evidence probative of the victim’s credibility. People v Adamski,
198 Mich App 133, 138; 497 NW2d 546 (1993); People v Ronald Green, 74 Mich App 601, 605
606; 254 NW2d 788 (1977).
Defendant’s objection below to the admission of the 911 recording on a ground other than the
ground now raised on appeal renders defendant’s instant evidentiary challenge unpreserved for
appellate review. People v Metzler, 193 Mich App 541, 548; 484 NW2d 695 (1992). Accordingly,
defendant’s challenge is forfeited unless defendant establishes the existence of plain error that was
outcome determinative. People v Grant, 445 Mich 535, 548-549, 552-553; 520 NW2d 123 (1994).
The admission of the tape recording was not plain error. Under the circumstances of this case, the tape
was admissible as either a present sense impression, MRE 803(1), or as an excited utterance, MRE
803(2). City of Westland v Okopski, 208 Mich App 66, 77; 527 NW2d 780 (1994); People v
Slaton, 135 Mich App 328, 334-335; 354 NW2d 326 (1984).
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Affirmed.
/s/ Martin M. Doctoroff
/s/ Mark J. Cavanagh
/s/ Henry W. Saad
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